S.I. No. 456/2009 - Land Registration (No. 2) Rules 2009

1. I, AB, (or EF of ...................................................) (See Note) did on the day of obtain a judgment in the court against CD of .......................................... in the above entitled Action or matter.

2 The Name and Title of the Action, Matter or Cause in which the said judgment was obtained is as set out above.

2. I am/We are trustee(

s

) of a trust of land by virtue of the

Land and Conveyancing Law Reform Act 2009

. I am/we are entitled to be registered as owner(

s

) of said lands by virtue of (applicants to show how they are entitled...........).

3. To the best of my knowledge and belief, the said CD, the Defendant, at the time of swearing this affidavit has an estate or interest in the lands contained in Folio .......................... of the Register County ......................................

4 I apply for registration of the said judgment as a judgment mortgage on the said folio.

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature

Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (

or other qualified person

) and I know the deponent (

or

, I knowE.F., who certifies his knowledge of the deponent), Signature

I certify that judgement was obtained in the above entitled action in the High Court/Circuit Court/District Court.

Dated the day of 20.

*Signature

*of the proper officer of the court in which the judgment was obtained.

NOTE — See

section 115

of the

Land and Conveyancing Law Reform Act 2009

We, the Registration of Deeds and Title Rules Committee, constituted pursuant to the provisions of

section 74

of the

Registration of Deeds and Title Act 2006

in exercise of the powers conferred on us by

section 126

of the

Registration of Title Act, 1964

, as amended by

section 72

of the

Registration of Deeds and Title Act 2006

, with the concurrence of the Minister for Justice, Equality and Law Reform, do hereby make the foregoing Rules.

DATED this 19th day of November, 2009.

MARY LAFFOY, Judge of the High Court.

JOHN T. COLEMAN, Chairman of the Property Registration Authority.

CATHERINE TREACY, Chief Executive of the Property Registration Authority.

JAMES DWYER, Senior Counsel.

OWEN M. BINCHY, Solicitor.

1, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by

section 126

of the

Registration of Title Act, 1964

, as amended by

section 72

of the

Registration of Deeds and Title Act 2006

, hereby concur in the making of the foregoing Rules.

GIVEN under my Official Seal,

25 November 2009.

DERMOT AHERN,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Rules, which come into effect on 1st of day of December 2009, or on the 1st day of January 2010, provide for the amendment of the Land Registration Rules 1972-2009.

The Rules provide for new Rules at 3, 4, 5 and 6 and the amendment of Rules 3, 6, 19, 24, 57, 59, 67, 79, 82, 100, 117, 118, 119, 120, 121, 122, 128, 153, 188 and 225 of the Land Registration Rules 1972, for new Forms 109, 110, 111 and 112 and the amendment of Forms numbered 1, 2, 7, 9. 10, 11, 12, 13, 16, 17, 19, 23, 30, 34, 36, 37, 41, 43, 45, 46, 47, 48, 53, 55, 61, 63, 64, 65, 68, 74, 75, 76 and 77 in the Schedule of Forms to those Rules and for the rescinding of rules 29, 58, 75, 106, 109, 110, 116, 124, 152,158, 159, 160, 162, 163, 164, 165, 168, 169 and 170, of those Rules and the deletion of Forms 6, 24, 32, 39, 49, 51, 56, 58, 60, 62, 73, 94, 95 and 96 of the Schedule of Forms to those Rules.

4. I/We apply for registration as owner(

s

) on said folio.

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature

Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (

or other qualified person

) and I know the deponent (

or

, I knowE.F., who certifies his knowledge of the deponent), Signature

Form 111

Lease of registered land

. (

Rule

5

of the Land Registration (No.2) Rules

2009

LAND REGISTRY

County Folio

Lease dated the day of 20.

A.B., the registered owner, in consideration of hereby demises all the property described in folio of the register County (

or,

the part of the property described in folio of the register County specified in Schedule 1 hereto) to C.D. to hold for a term of years from at the rent of payable on (subject to the terms, clauses, appurtenances, ancillary rights, exceptions, reservations, covenants, conditions, provisos, and charges, set out in the schedules 2, 3 4

etc.

hereto.)

The said AB hereby assents to the registration of the lease as a burden on the said property.

It is hereby certified etc (

as required by the Finance Acts

)

Schedule (1) (where necessary)

(to contain particulars of the part leased and a reference to the map thereof)

Signed (

or

Signed, sealed) and delivered by AB in the presence of

Signed (

or

Signed, sealed) and delivered by CD in the presence of

Note: The standard terms, clauses, appurtenances, ancillary rights, exceptions, reservations, covenants, conditions, provisos, and charges may be included in separate schedules.

Form 112

Application for registration of a judgment mortgage (Rule

118)

Land Registry

The High Court/Circuit Court/District Court

Title: Record No

Between

A.B. Plaintiff

and

C.D. Defendant

I, AB, aged 18 and upwards, of ................................. the creditor within the meaning of

Section 115

of the

Land and Conveyancing Law Reform Act 2009

make oath and say as follows:-

5. I have not transferred, charged, or dealt with my estate in the property (except —

give particulars of any dealing by the applicant with his estate or interest and assent to the registration of any dealing that is a burden)

and I have no knowledge of any dealing affecting it other than those disclosed in this application.

6. I apply to be registered as owner of all the property described in the said Folio subject to the burdens set out in Part I of the Schedule hereto to the registration of which I assent, and to the unregistered right for the protection of which I apply for the entry of the following inhibition. (

See Form

88).

7. My address in the State for service of notices and my description are—

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature

Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (

or other qualified person

) and I know the deponent (

or

, I knowE.F., who certifies his knowledge of the deponent), Signature

(

c

) Schedule

(c)

this Schedule is only to be divided into parts where some of the burdens have been discharged .

Part I

Particulars of burdens and rights created by the settlement that affect estate or interest of applicant.

Name of claimant

(Where a minor or person of unsound mind, that fact with name of guardian or committee or trustees under

section 57

of the

Succession Act, 1965

, to be stated)

Address in the State of claimant (

and, where a minor or person of unsound mind, of his guardian, committee or trustees

)

(d)

See Note (2)

Part II

Particulars of burdens and rights created by the settlement that have ceased to affect estate or interest of applicant.

(d) Documents accompanying application in proof of discharge or cesser of burdens or rights.

(e)

See Note (2) to Form 39 and Note (4) to Form 49.

Consent of (e) trustees of settlement to the registration of successor to registered limited owner, to be endorsed on application.

We. E.D. and G.H. of , the trustees of thesettlement under which C.D. was registered as limited owner on folio County have read the within application of A.B., for registration as owner on the said folio.

The statements in paragraphs 1, 2, 3 and 4 of the said application are accurate.

We have no notice of any dealing by A.B. with his estate or interest in the property under the settlement that is not disclosed in the application (

or, as the case may be

). We consent to the registration of A.B. as owner on the said folio free from the burdens or rights created or arising under the said settlement (

or,

subject only to the burdens or rights created or arising under the said settlement specified in the Schedule (

or

, Part I of the Schedule) to the within application, which are the only burdens or rights in the settlement that now affect the estate or interest of A.B. thereunder).

Dated the day of 20.

To be signed by the trustees and their signatures attested. If not attested by a solicitor an affidavit by the attesting witness may be required.

NOTE (1) — The application may also be made by the trustees of the settlement. Where made by them, appropriate modifications of the form are to be made, and the assent of the owner to the registration of any burdens affecting his estate or interest should be lodged.

NOTE (2) — Where there are trustees of the settlement and they consent in the prescribed form to the registration, no evidence of the discharge of any burden created by the settlement other than their admission of its discharge or cesser is necessary.

FORM 68

Charge for future advances (rules

52, 113

)

LAND REGISTRY

County Folio

Charge dated the day of 20.

A.B., the registered owner, (

or

the person entitled to be registered as owner) hereby charges the property set out in the schedule hereto with payment to CD of all sums owing and due from time to time and covenanted to be paid in respect of future (

or,

present and future) advances to the said AB and secured by this charge, subject to such terms and conditions, covenants and obligations as are set out in the General Terms and Conditions lodged in the Land Registry under reference.

The said A.B. hereby assents to the registration of this charge as a burden on the property

The address in the state of the said C.D. for service of notices and his description are:-

Schedule

(

Description of property charged)

Signed (

or,

Signed, sealed) and delivered by A.B in the presence of

Signed (

or,

Signed, sealed) and delivered by C.D. in the presence of

NOTE: Where desired, the covenants for title implied by the chargor charging “ as beneficial owner” may be incorporated by inserting these words in the deed of charge after the name of the chargor. See

section 80

of the

Land and Conveyancing Law Reform Act 2009

.

FORM 74

Entry to be made in the register as a judgment mortgage (rule

118

)

A judgment mortgage in respect of a judgment (

or,

an order) obtained by A.B. against C.D. on the day of , in the High Court (

or

, in the Circuit Court

Circuit) (

or

in the District Court) Record Number) in a cause (

or

, matter) of A.B. -v- C.D. on the interest of C.D. in the property.

FORM 75

Notice of the registration in the registry of a judgment as a judgment mortgage (rule

120

)

The Property Registration Authority

Land Registry

,

(address)

Sir, (

or,

Madam),

You are hereby given notice of the registration of a judgment mortgage in respect of a judgment (

or

, an order) obtained on the day of against C.D. in the High Court (

or,

Circuit Court Circuit) (

or

in the District Court) in a cause (

or

, matter) of as a burden on the interest of C.D. in the property described in folio of the register County of which is the registered owner.

To

FORM 76

Requisition by a judgment creditor for the discharge in the register of an entry of a notice of deposit of an affidavit of judgment as a mortgage or an entry of judgment mortgage (rule

122

)

LAND REGISTRY

County Folio

A.B., the judgment creditor specified in an affidavit of judgment deposited in the Registry on the day of (

or

, in an application for registration of a judgment mortgage)as a burden on the interest of C.D. in the property described in folio of the register County, hereby requires the discharge in the said folio of the entry of the notice of deposit of the said affidavit (

or

, the entry of judgment mortgage).

Dated the day of 20.

Signed by the saidA.B. in the presence of

To The Property Registration Authority.

NOTE — This discharge may also be given by the personal representative of the judgment creditor.

FORM 77

Requisition for registration of a lis pendens as a burden (rule

128

)

LAND REGISTRY

County Folio

Sir,

The memorandum hereunder written contains the particulars of a

lis pendens

registered in the Central Office of the High Court which I require to be registered as a burden on the interest of the person hereunder mentioned in the property described in folio of the register, County .

*Name of Solicitor with name of party for whom he is acting.

* Signature

Memorandum

Name of person whose interest is intended to be affected.

Usual or last known place of abode of such person.

Title, trade, or profession of such person.

Title of cause or matter

Particulars of the claim made or the relief sought in cause or matter in respect of the registered property

I certify that the

lis pendens

described in the above memorandum is in existence.

Dated the day of 20.

* a proper officer of the High Court.

*Signature

to The Property Registration Authority,

(address of appropriate office)

FORM 109

Entry to be made in the register pursuant to Rule

3

of The Land Registration (No.2) Rules 2009.

“

The title is subject to the provisions of the

Land and Conveyancing Law Reform Act 2009

.”

Form 110

Application for registration of trustee(s) who is (are) entitled to be registered as owner(s) of registered land by virtue of the

Land and Conveyancing Law Reform Act 2009

(Rule 4 of the Land Registration (No.2) Rules 2009)

LAND REGISTRY

County Folio

I, A.B./ We A.B. and C.D. of

make oath and say —

8. B. and C. and the survivor of them shall have power to appoint new trustees of this settlement.

9. The address in the State of the trustees for service of notices and their descriptions are-

(a) See Note (3)

10. It is hereby certified, etc. (

a

)

Signed (

or,

Signed, sealed) and deliveredby A in the presence of:-

Signed (

or,

Signed sealed) and deliveredby B in the presence of:-

Signed (

or,

Signed, sealed) and delivered by C in the presence of:-

Signed by the said E.F. and G.H.in the presence of:-

NOTE (1) — The clauses in italics are illustrative only. The Form may be adapted to any uses or trusts by inserting after the words "thereafter upon the trusts and uses following" paragraphs stating the trusts agreed on. A book of precedents should be consulted.

NOTE (2) — Where there is money consideration for the transfer a receipt clause should be incorporated in the transfer

NOTE (3) — The relevant certificates required by the Finance/Stamp Duty Acts may be added to the Form in appropriate cases.

NOTE (4) — Where the transfer is on a sale, and the transferor claims a lien for unpaid purchase money, he must in order to protect the lien apply for its registration as a burden--

see rule 126

.

NOTE (5) — For execution and the attestation of the execution of a transfer —-

see rules

54, 55.

NOTE (6) — Where desired, the covenants for title implied by the transferor transferring "as beneficial owner" or "as settlor" or "as mortgagee" may be incorporated by inserting these words in the transfer after the name of the transferor — see

section 80

of the

Land and Conveyancing Law Reform Act 2009

.

FORM 34

Application for registration by a devisee of a registered owner of freehold property that did not vest in his personal representative (rule

87

)

LAND REGISTRY

County Folio

I, A.B, of make oath and say—

11. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 57 of those Rules

“Application by solicitor for registration of dealing

12. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 59 of those Rules

“Presentation of dealing for registration

13. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 67 of those Rules

“Registration of a tenant in common

14. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 79 of those Rules

“Notice of application for registration under transfer over-reaching estate or interest of registered owner

15. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 82 of those Rules

“Registration of trustees or assignees of bankrupt owner; and re-registration of the owner

16. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 100 of those Rules

“Application for registration of successor of limited owner

17. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 117 of those Rules

“Dealing with mortgage created prior to first registration where registered.

18. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 118 of those Rules

“Registration of judgment mortgage

19. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 119 of those Rules

“Identification of property

20. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 120 of those Rules

“Notice of registration of judgment mortgage

21. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 121 of those Rules

“Application to cancel judgment mortgage on grounds of invalidity

22. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 122 of those Rules

“Cancellation of notice of deposit of affidavit of judgment or of judgement mortgage validly registered.

23. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 128 of those Rules

“Lis Pendens

24. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 153 of those Rules

“Removal of description of infancy or of minority

25. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 188 of those Rules

“Inspection of filed documents and obtaining copies thereof

26. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 225 of those Rules

“Incorporeal hereditaments held in gross.

27. The Schedule of Forms to the Land Registration Rules 1972 is amended by the substitution of the Forms set out in the schedule hereto and numbered 1, 2, 7, 9, 10, 11, 12, 13, 16, 19, 23, 30, 34, 36, 37, 41, 43, 45, 46, 47, 48, 53, 55, 61, 63, 64, 65, 68, 74, 75, 76 and 77 for the forms numbered 1, 2, 7, 9, 10, 11, 12, 13, 16, 19, 23, 30, 34, 36, 37, 41, 43, 45, 46, 47, 48, 53, 55, 61, 63, 64, 65, 68, 74, 75, 76 and 77 in that Schedule.

28. The Schedule of Forms to the Land Registration Rules 1972 is amended by the substitution of the Form set out in the schedule hereto and numbered 17 for the form numbered 17 in that Schedule.

29. Rules 29, 58, 75, 109, 124 and 152 of the Land Registration Rules 1972 are rescinded.

30. Rules 106, 110, 116, 158, 159, 160, 162, 163, 164, 165, 168, 169 and 170 of the Land Registration Rules 1972 are rescinded.

31. Forms 6, 24, 32, 39, 49, 51, 56, 58, 60, 62, and 73 of the Schedule of Forms to the Land Registration Rules 1972 are deleted.

32. Forms 94, 95 and 96 of the Schedule of Forms to the Land Registration Rules 1972 are deleted.

Schedule of Forms

FORM 1

Application for first registration of freehold property (rules

14

and

15

)

LAND REGISTRY

County

I, A.B., of make oath and say—

57. (1) Every application or instrument sent to or delivered at the Registry for registration by a solicitor shall be accompanied by a statement signed by him setting out—

(

a

) the names of all the parties to the transaction for whom he acts as solicitor;

(

b

) the amount of Land Registry fees sent;

(

c

) the documents sent;

(

d

) the ownership or other entries for the registration of which he applies.

(2) The statement may be in Form 17.”.

59. An application or instrument in respect of registered property with the proper Revenue stamp certificate, and accompanied by the prescribed fee for the registration applied for and otherwise prima facie in order for registration, may be received for registration.”.

67. An application for registration as owner by a person claiming as tenant in common of an undivided share in property shall state the share to which he is entitled where the share does not appear from the instrument lodged. The entry in the register shall be that the applicant is owner of a specified undivided share of the property.”.

79. (1) The notice of an application for registration in defeasance of the estate or interest of a registered owner referred to in section 60 of the Act shall not be given where the estate or interest is overreached by statute, a Land Judges conveyance, a vesting order of a court or of the Land Commission or the Minister for Agriculture, Fisheries and Food, a transfer by the Land Commission or the Minister for Agriculture Fisheries and Food in exercise of its statutory powers or a transfer executed by a person appointed by a court for that purpose in execution of its judgment, order or decree.

(2) In default of the concurrence of the personal representative of a deceased registered owner, or, in the case of a charge or burden, of a deceased registered owner, to an application for registration under the said section 60 in cases other than those specified in paragraph (1) of this rule, notice of the application shall be given—

(

a

) to the personal representative or,

(

b

) where there is no personal representative, to the person or persons claiming to be entitled, whether under the will of the deceased, on his intestacy or under

section 111

of the

Succession Act, 1965

.

(3) The applicant for registration shall furnish to the Authority the particulars necessary for the service of the notices prescribed by this rule, insofar as the applicant is in a position to do so.”.

82. (1) The assignees in bankruptcy of a registered owner who has been adjudicated a bankrupt may be registered as owners in his place on production in the Registry of an office copy of the certificate of the vesting of the estate and effects in the assignees, endorsed as prescribed by this rule.

(2) A bankrupt whose trustee, or assignee is registered as owner of his registered property may be re-registered as owner or, where he is a limited owner, the entry of the assignees or trustee as assignees of his limited estate or interest may be cancelled, on production in the Registry of the re-vesting deed.

(3) An arranging debtor whose trustees are registered as owners of his registered property may be re-registered as owner or, where he is a limited owner, the entry of the trustees as assignees of his limited estate or interest may be cancelled, on production in the Registry of an office copy of the order of the court under

section 85

of the

Bankruptcy Act, 1988

, endorsed as prescribed by this rule.

(4) Every order, certificate, resolution or agreement or office copy thereof, produced for the purposes of a registration referred to in this rule, shall have endorsed thereon a certificate by the Official Assignee in Bankruptcy or the trustee identifying the bankrupt or arranging debtor named in the order or certificate with the registered owner named in a specified folio of the register whose property is sought to be transferred. Where the application is for the re-registration of the person who was the bankrupt or arranging debtor, it shall be accompanied, in the case of a bankruptcy by the re-vesting deed or, in the case of an arrangement by an office copy of the order of the court under

section 85

of the

Bankruptcy Act, 1988

or, where applicable, the written consent of the trustee to the re-registration.”.

100. (1) On the determination of the estate or interest of a limited owner, an application for registration by a person claiming under the trust or settlement shall be in Form 64 or 65, as the case may require. Where Form 65 is appropriate and the trust or settlement is created by will, the original or an official copy of the will and probate or letters of administration with will annexed shall be lodged. Where Form 64 is appropriate, the assent or transfer already filed in the Registry under which the limited owner was registered shall suffice.

(2) Save in cases where Form 64 is appropriate, the applicant shall not be registered except with the concurrence of the trustees (if any) of the trust or settlement or after notice to them.

(3) The application may also be made by the trustees of the trust or settlement in Form 64 or 65, as the case may require, with the necessary modifications and with the assent of the owner to be registered to the registration of any burdens affecting his estate or interest.

(4) The trustees admission of the discharge or cesser of any burdens created by the trust or settlement shall be sufficient evidence of such discharge or cesser.”.

117. (1) Where a mortgage created prior to the first registration of property is entered in the register, the Authority may, on the application or with the concurrence of the person entitled thereto, register him as owner of a charge on due proof of his title and after notice to the owner of the mortgaged property.

(2) The same forms may be used and the same procedure may be adopted on transfers and other dispositions of a charge of which an owner is so registered as are applicable to registered charges.”.

118. (1) Application for registration of a judgment mortgage as a burden on registered property pursuant to

section 116

of the

Land and Conveyancing Law Reform Act 2009

shall be made in Form 112 and shall have endorsed thereon a certificate that the judgement was obtained, signed by the proper officer of the relevant court.

(2) The entry in the register shall be in Form 74, with such variation as the Authority may, in special circumstances, direct.”.

119. An application for registration of a judgment mortgage shall contain a statement that to the best of the applicant’s knowledge and belief the judgment debtor at the time of swearing the affidavit has an estate or interest in the lands contained in a specified folio of the Register, or the defined part thereof to be affected by the registration”.

120. (1) Notice of the registration of a judgment mortgage in the Registry shall be sent by the Authority to the registered owner of the property and to the other persons (if any) whose estate or interest therein the application purports to affect and whose address in the State for service of notices is disclosed in the register or the application.

(2) The notice shall be in Form 75.”.

121. (1) Where an entry of notice of the deposit of an affidavit of judgment under the Judgment Mortgage (Ireland) Act 1850 or an entry of judgment mortgage under

section 116

of the

Land and Conveyancing Law Reform Act 2009

is made in the register of any property, a registered owner, or any other person interested, who claims that the deposit and the notice thereof in the register do not create a valid burden or that the judgment mortgage is not a valid burden may apply to the Authority for the cancellation of the entry.

(2) The application shall be in writing and shall state the grounds on which the applicant claims that the entry should be cancelled, as, for instance, that a specified provision of the Judgment Mortgage (Ireland) Acts, 1850 and 1858, has not been complied with or that the judgment debtor had no estate or interest in the property or no estate or interest capable of being affected by registration of the affidavit, or judgment mortgage and shall state the facts on which he relies in support of his claim.

(3) Where the Authority is satisfied on the facts stated that a prima facie case for cancellation of the entry has been made, notice of the application and of the cancellation proposed to be made shall be given to the judgment creditor and, in default of objection thereto by him within the time specified by the notice, the entry shall be cancelled.

(4) Every objection to a proposed cancellation shall be in writing and shall be signed by the judgment creditor or his solicitor. It shall state the grounds of the objection and the facts relied on in support thereof.

(5) Where, in the opinion of the Authority, the application and objection do not raise a question of law or fact relative to the validity of the registration made which should be referred to the court, it may cancel or refuse to cancel the entry of notice of the deposit or the judgment mortgage; but, if a question of law or fact is disclosed on which, in its opinion the validity of the affidavit or application as a judgment mortgage depends, it may refer the question to the court for decision.”.

122. Subject to an inhibition in the register to the contrary, an entry of notice of the deposit of an affidavit of judgment or an entry of judgment mortgage may be cancelled on production in the Registry of the certificate specified in section 9 of the Judgment Mortgage (Ireland) Act, 1850, of the satisfaction of the judgment, decree or order in respect of which the affidavit was deposited, or of a requisition by the judgment creditor or his personal representative, in Form 76, for its discharge.”.

128. (1) An application for the registration of a lis pendens as a burden shall be made in Form 77. It shall be signed by the applicant or his solicitor and shall have endorsed thereon a certificate of the existence of the cause or proceeding signed by the proper officer of the Central Office of the High Court.

(2) The entry of a lis pendens in the register shall be in Form 78, with such variation thereof as the Authority may, in special circumstances, direct.

(3) An application for the discharge of a lis pendens shall be made by lodging in the Registry a certificate of the appropriate officer of the Central Office of the High Court that the lis pendens has been cancelled on the register of lis pendens maintained in the Central Office of the High Court,(or where the lis pendens was registered before 1.12.2009, signed by the proper officer of the court in which the lis pendens may be, that it has been duly vacated pursuant to order of the court), or by lodging an order of the court directing its cancellation on the register, or by lodging a transfer of the property made in pursuance of an order for sale by the court in which the lis pendens may be, or by lodging the consent of the person on whose application it was registered as a burden, provided in the case of a lis pendens registered after the 1st of December 2009 it is shown to the satisfaction of the Authority that the entry of the lis pendens in the register of the Central Office has been cancelled.”

153. The description of a registered owner of property as an infant or minor shall be removed from the register on an application in writing accompanied by proof that he has attained full age.”.

188. (1) The registered owner of property and any person authorised by such owner, or by an order of the court or by these Rules, but no other person, may inspect a document filed in the Registry on a dealing or transaction with the property of the owner.

(2) Any person who would be entitled to inspection of a document relating to property, if its ownership was not registered under the Act, and the document was in the possession of the person by law entitled to the custody thereof, shall be entitled to inspect the document, if filed in the Registry.

(3) An affidavit of judgement deposited in the Registry pursuant to the Judgment Mortgage Ireland Act, 1850, as amended by the Act, or an application for registration of a judgment mortgage under rule 118 may be inspected by any person so long as notice of its deposit or the entry of the judgment mortgage is uncancelled in a register.

(4) A memorandum of a lis pendens, bond, recognisance or inquisition filed in the Registry may be inspected by any person so long as the entry relative to it remains uncancelled in a register.

(5) An application, assent, affidavit, or transfer, made by a personal representative of a deceased owner of property that vested in the personal representative may be inspected by a devisee or other person, except a creditor, having an interest in the property under the owners will, or, where the owner died intestate, by a person in whom a beneficial interest in the property devolved on the intestacy, or by a person who satisfies the Authority that he is the successor in title of one of such persons.

(6) An instrument filed in the Registry under Rule 139 (5) may be inspected by the person by whom it was lodged or by any person who satisfies the Authority that he is entitled to the benefit of a right created by the instrument.

(7) Any person entitled to inspect a document filed in the Registry may obtain a copy of it.

(8) The Authority may, in special circumstances and on such terms as it shall think fit, permit a person to inspect, or obtain a copy of, a document filed in the Registry.”.

225. (1) An applicant for registration of ownership of an incorporeal hereditament held in gross shall be registered as owner with an absolute title where title both to the grantees interest and to the grantors interest and to any superior or intermediate interest that may exist is approved by the Authority.

(2) Where, immediately before the commencement of the Act, the registration of ownership of an incorporeal hereditament held in gross contained a note to the effect that the title of the grantor to make the grant has been investigated and found to be good, the title to the grantees interest shall be deemed to be an absolute title. Where there is no such note, the title shall be deemed to be a possessory title.

(3) Where an incorporeal hereditament held in gross is granted by the owner of property registered with an absolute, possessory or qualified title, the title of the registered owner of such incorporeal hereditament shall be deemed to be likewise absolute, possessory or qualified, as the case may be.

(4) The registration of a person as first registered owner of an incorporeal hereditament held in gross with a possessory title shall not affect or prejudice the enforcement of any right (whether in respect of the grantors title or otherwise) adverse to or in derogation of the title of the grantor or of that person and subsisting or capable of arising at the time of registration but, save as aforesaid, shall have the same effect as registration with an absolute title.”.

S.I. No. 456 of 009.

LAND REGISTRATION (NO.2) RULES 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

27

th November

, 2009.

I, Dermot Ahern, hereby make the following rules